Patna High CourtCR. MISC./564/2016disposed

Kaushal Tiwary @ Rajan Tiwary v. The State Of Bihar

2016-01-08Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.564 of 2016 Arising Out of PS.Case No. -74 Year- 2015 Thana -JAGDISHPUR District- BHAGALPUR ======================================================

1. Kaushal Tiwary @ Rajan Tiwary Son of Rajiv Tiwari, Resident of Village - Kaneri, P.S. - Jagdishpur, District - Bhagalpur, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-01-2016 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 307, 120B, 504, 506 of the Indian Penal Code and 27 of the Arms Act.

It is alleged that on 08.05.2015 at about 10.30 P.M. when the informant was standing on his roof, he saw 5 to 6 persons approaching his house near the window from temple. The informant claimed to have identified co-accused Rajiv Tiwary, Sanni Tiwari, Niku Choubey, Sushil Paswan, Chuttu Paswan, Chandan Paswan and this petitioner. While they are standing Niku Choubey fired, thereafter the petitioner fired, which hit the elder brother of the informant namely Prabhu Shankar Tiwary.

Patna High Court Cr.Misc. No.564 of 2016 (2) dt.08-01-2016 It is submitted by the learned counsel for the petitioner that in the background of litigated relationship between the parties from before, the accusation has been levelled and co-accused have been granted bail. Considering the nature of accusation, let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Jagdishpur P.S. Case No. 74 of 2015, pending in the court of learned Chief Judicial Magistrate, Bhagalpur. With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T